USPTO Patents Application 10511091

United States Patent and Trademark Office

UNITED STATES DEPARTMENT OF COMMERCE
I nilid Stall-, Patent and Trademark Office

Address: COMMISSIONER FOR PATENTS

APPLICATION NO.

10/511,091

FILING DATE

24257 7590 06/01/:

Dickinson Wright PLLC
James E. Ledbetter, Esq.
International Square
1875 Eye Street, NW„ Suite 1200
WASHINGTON, DC 20006

FIRST NAMED INVENTOR

ATTORNEY DOCKET NO. CONFIRMATION NO.

RIYAMI, ABDULLA A

PAPER NUMBER

DELIVERY MODE

Please find below and/or attached an Office communication concerning this application or proceeding.

The time period for reply, if any, is set in the attached communication.

PTOL-90A (Rev. 04/07)

l/ffflrC? nVrliUli Otfff Iff ids y

Application No.

10/511,091

Applicant(s)
HASHI ET AL.

Examiner

ABDULLAH RIYAMI

Art Unit

2474

- The MAILING DATE of this communication appears on the cover sheet with the correspondence address —
Period for Reply

A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.

- Extensions of time may be available under the provisions of 37 CFR 1 .136(a). In no event, however, may a reply be timely filed
after SIX (6) MONTHS from the mailing date of this communication.

- If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.

- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
earned patent term adjustment. See 37 CFR 1 .704(b).

Status

1 )KI Responsive to communication(s) filed on 10 March 2010 .
2a )□ This action is FINAL. 2b)^ This action is non-final.

3) D Since this application is in condition for allowance except for formal matters, prosecution as to the merits is

closed in accordance with the practice under Ex parte Quayle, 1935 CD. 11, 453 O.G. 213.

Disposition of Claims

4) ^ Claim(s) 8-14 is/are pending in the application.

4a) Of the above claim(s) is/are withdrawn from consideration.

5) D Claim(s) is/are allowed.

6) |EI Claim(s) 8J4 is/are rejected.

7) 0 Claim(s) is/are objected to.

8) D Claim(s) are subject to restriction and/or election requirement.

Application Papers

9) Q The specification is objected to by the Examiner.

10) D The drawing(s) filed on is/are: a)D accepted or b)D objected to by the Examiner.

Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).

1 1) D The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.

Priority under 35 U.S.C. § 119

12) D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
a)D All b)D Some * c)D None of:

1 .□ Certified copies of the priority documents have been received.

20 Certified copies of the priority documents have been received in Application No. .

3.Q Copies of the certified copies of the priority documents have been received in this National Stage
application from the International Bureau (PCT Rule 17.2(a)).
* See the attached detailed Office action for a list of the certified copies not received.

Attach ment(s)

1) ^ Notice of References Cited (PTO-892) 4) □ Interview Summary (PTO-41 3)

2) □ Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. .

3) □ Information Disclosure Statement(s) (PTO/SB/08) 5 ) □ Notice of Informal Patent Application

Paper No(s)/Mail Date . 6) □ Other: .

'TOL-326 (Rev. 08-06) Office Action Summary Part of Paper No./Mail Date 20100520

Application/Control Number: 1 0/51 1 ,091 Page 2

Art Unit: 2474

DETAILED ACTION

Continued Examination Under 37 CFR 1.114

1 . A request for continued examination under 37 CFR 1.114, including the fee set
forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
application is eligible for continued examination under 37 CFR 1.114, and the fee set
forth in 37 CFR 1 .17(e) has been timely paid, the finality of the previous Office action
has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on
03/10/2010 has been entered.

Response to Arguments

2. Applicant's arguments with respect to claims 8-14 have been considered but are
moot in view of the new ground(s) of rejection.

Note: Sweitzer et al. (US 2003/0189977 A1) also disclose the claimed features (see
figures 5 and 6).

Claim Rejections - 35 USC § 103

3. The following is a quotation of 35 U.S.C. 1 03(a) which forms the basis for all
obviousness rejections set forth in this Office action:

(a) A patent may not be obtained though the invention is not identically disclosed or described as set
forth in section 102 of this title, if the differences between the subject matter sought to be patented and
the prior art are such that the subject matter as a whole would have been obvious at the time the
invention was made to a person having ordinary skill in the art to which said subject matter pertains.
Patentability shall not be negatived by the manner in which the invention was made.

Application/Control Number: 1 0/51 1 ,091 Page 3

Art Unit: 2474

4. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1 , 148
USPQ 459 (1966), that are applied for establishing a background for determining
obviousness under 35 U.S.C. 103(a) are summarized as follows:

1 . Determining the scope and contents of the prior art.

2. Ascertaining the differences between the prior art and the claims at issue.

3. Resolving the level of ordinary skill in the pertinent art.

4. Considering objective evidence present in the application indicating
obviousness or nonobviousness.

5. This application currently names joint inventors. In considering patentability of
the claims under 35 U.S.C. 103(a), the examiner presumes that the subject matter of
the various claims was commonly owned at the time any inventions covered therein
were made absent any evidence to the contrary. Applicant is advised of the obligation
under 37 CFR 1 .56 to point out the inventor and invention dates of each claim that was
not commonly owned at the time a later invention was made in order for the examiner to
consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g)
prior art under 35 U.S.C. 1 03(a).

6. Claims 8 and 1 0-1 1 are rejected under 35 U.S.C. 1 03(a) as being unpatentable
over Blakeney et al. (US 2006/0239363 A1 ) in view of Bruhn (US 6452941 B1 ).

As per claim 8, Blakeney discloses a communication apparatus that transmits a
plurality of items of information data each containing a predetermined amount of
information to one receiving side communication apparatus (see figure 2, base station
10 and mobile station 30), the communication apparatus comprising:

a transmitting section (see figure 2, mobile station 30) that, after having received
a response to a link establishment request from the one receiving side communication

Application/Control Number: 1 0/51 1 ,091 Page 4

Art Unit: 2474

apparatus (see paragraph 63, lines 1-10 mobile station provides an origination message
indicative of a service configuration requested, see paragraph 64, lines 1-10, base
station receives and determines whether to accept, see paragraph 66, lines 1-20,
mobile station determines whether the request was accepted), transmits information
data matching the link establishment request using a link established by the link
establishment request (see paragraph 64, lines 1-10, base station receives and
determines whether to accept, see paragraph 66, lines 1-20, mobile station determines
whether the request was accepted); and

a requesting section (see figure 2, mobile station 30) that establishes a link (see
paragraph 63, lines 1-10 mobile station provides an origination message indicative of a
service configuration requested, see paragraph 64, lines 1-10, base station receives
and determines whether to accept, see paragraph 66, lines 1-20, mobile station
determines whether the request was accepted),

and transmits a link establishment request for transmission of next information
data before termination of a link for transmitting current information data (see paragraph
16, lines 1-15, first communication device requests a change of service configuration
without terminating the current traffic channel connection), the current information data
and the next information data having been originally continuous (see paragraph 13,
lines 7-1 1 , changing of service configuration without dropping the traffic channel
connection such as providing additional service or completion of a service in a multiple
service traffic channel connection and a change in rate compatibility or due to change in
communication environment or logistics (i.e. change in rate of existing connection), see

Application/Control Number: 1 0/51 1 ,091 Page 5

Art Unit: 2474

paragraph 72, lines 1-10, user enabled to change data rate due to logistics or other
factors).

Blakeney does not expressly disclose a requesting section that establishes a link
each time information data is transmitted by transmitting a link establishment request to
the one receiving side communication apparatus.

Bruhn disclose a requesting section that establishes a link each time information
data is transmitted by transmitting a link establishment request to the one receiving side
communication apparatus (see figure 5, mux 136, payload, MR, Ml, and demux 120, Ml,
MR, payload, see figure 6, frames, see column 3, lines 60-67, mode indicators and
requests transmitted with payload data, see column 4, lines 10-16, mode request which
informs transmitter of a particular codec mode desired by the receiver for subsequently
transmitted information blocks or frames, see column 6, lines 55-57, receiver
transmitting request, see column 8, lines 1-37, mode request and mode indication and
payload with multiplexor and demultiplexer, see column 9, lines 1-20, transmission of
mode request and indications with payloads).

Bruhn also discloses a link establishment request for transmission of next
information data before termination of a link for transmitting current information data
(see column 4, lines 10-16, mode request which informs transmitter of a particular
codec mode desired by the receiver for subsequently transmitted information blocks or
frames).

Blakeney and Bruhn are analogous art since they are from the same field of
endeavor of communication systems.

Application/Control Number: 1 0/51 1 ,091 Page 6

Art Unit: 2474

At the time of the invention, it would have been obvious to one of ordinary skill in
the art to use Bruhn's teaching of using a requesting section that establishes a link each
time information data is transmitted by transmitting a link establishment request to the
one receiving side communication apparatus every time information data is transmitted
(see figure 5, mux 136, payload, MR, Ml, and demux 120, Ml, MR, payload, see figure
6, frames, see column 3, lines 60-67, mode indicators and requests transmitted with
payload data, see column 4, lines 10-16, mode request which informs transmitter of a
particular codec mode desired by the receiver for subsequently transmitted information
blocks or frames, see column 6, lines 55-57, receiver transmitting request, see column
8, lines 1-37, mode request and mode indication and payload with multiplexor and
demultiplexer, see column 9, lines 1-20, transmission of mode request and indications
with payloads) as a modification in Blakeney's method and apparatus for transmitting a
plurality of items of information data each containing a predetermined amount of
information to one receiving side communication apparatus (see figure 2, base station
10 and mobile station 30).

The motivation to combine would have been to have a method and apparatus
where a mode request which informs a transmitter of a particular codec mode desired
by a receiver for subsequently transmitted information blocks or frames (see column 4,
lines 10-15, Bruhn).

As per claim 10, Blakeney discloses disclose the transmitting section multiplexing
the current information data and the link establishment request for the transmission of

Application/Control Number: 1 0/51 1 ,091 Page 7

Art Unit: 2474

the next information data (see figure 2, mux 48, data from service negotiator vocoder,
mode, fax).

As per claim 1 1 , Blakeney discloses the transmitting section multiplexes the link
establishment data and the information data by using at least one of frequency division
multiplexing, time division multiplexing, and code division multiplexing (see paragraph 5,
lines 1-5, code division multiple access).

7. Claim 9 is rejected under 35 U.S.C. 103(a) as being unpatentable over Blakeney
et al. (US 2006/0239363 A1 ) in view of Bruhn (US 6452941 B1 ) further in view of Bakshi
(US 6457054 B1).

As per claim 9, Blakeney discloses a communication method for transmitting
requests (see paragraph 63, lines 1-10 mobile station provides an origination message
indicative of a service configuration requested). Bruhn disclose a requesting section that
establishes a link each time information data is transmitted by transmitting a link
establishment request to the one receiving side communication apparatus every time
information data is transmitted (see figure 5, mux 136, payload, MR, Ml, and demux
120, Ml, MR, payload, see figure 6, frames, see column 3, lines 60-67, mode indicators
and requests transmitted with payload data),

Blakeney and Bruhn do not expressly disclose the requesting section transmits
the link establishment request for the transmission of the next information data
immediately after the current information data has been transmitted.

Application/Control Number: 1 0/51 1 ,091 Page 8

Art Unit: 2474

Bakshi discloses the requesting section (see figure 4, client) transmits the link
establishment request for the transmission of the next information data immediately
after the current information data has been transmitted (see column 5, lines 10-31 , 2 nd
data request, 3 rd data request transmitted immediately after the other in a pipelining
manner and figure 4, data2 and data 3).

Blakeney, Bruhn and Bakshi are analogous art since they are from the same field
of endeavor of client server communications.

At the time of the invention, it would have been obvious to one of ordinary skill in
the art to use the technique of Bakshi's requesting section (see figure 4, client)
transmits the link establishment request for the transmission of the next information data
immediately after the current information data has been transmitted (see column 5, lines
10-31 , 2 nd data request, 3 rd data request transmitted immediately after the other in a
pipelining manner and figure 4, data2 and data 3) as a modification in Bruhn's teaching
of using a requesting section that establishes a link each time information data is
transmitted by transmitting a link establishment request to the one receiving side
communication apparatus every time information data is transmitted (see figure 5, mux
136, payload, MR, Ml, and demux 120, Ml, MR, payload, see figure 6, frames, see
column 3, lines 60-67, mode indicators and requests transmitted with payload data, see
column 4, lines 10-16, mode request which informs transmitter of a particular codec
mode desired by the receiver for subsequently transmitted information blocks or frames,
see column 6, lines 55-57, receiver transmitting request, see column 8, lines 1-37,
mode request and mode indication and payload with multiplexor and demultiplexer, see

Application/Control Number: 1 0/51 1 ,091 Page 9

Art Unit: 2474

column 9, lines 1-20, transmission of mode request and indications with payloads) as a
modification in Blakeney transmitting request section (see paragraph 63, lines 1-10
mobile station provides an origination message indicative of a service configuration
requested).

The motivation to combine would have been to have a method of sending
additional requests in rapid succession to reduce latencies (see column 5, lines 25-30,
Bakshi).

8. Claims 1 2-1 3 are rejected under 35 U.S.C. 1 03(a) as being unpatentable over
Blakeney et al. (US 2006/0239363 A1) in view of Bruhn (US 6452941 B1) further in view
of Melick et al. (US 6457054 B1 ).

As per claim 12, Blakeney discloses a communication method for transmitting
requests (see paragraph 63, lines 1-10 mobile station provides an origination message
indicative of a service configuration requested). Bruhn disclose a requesting section that
establishes a link each time information data is transmitted by transmitting a link
establishment request to the one receiving side communication apparatus every time
information data is transmitted (see figure 5, mux 136, payload, MR, Ml, and demux
120, Ml, MR, payload, see figure 6, frames, see column 3, lines 60-67, mode indicators
and requests transmitted with payload data),

Blakeney and Bruhn do not expressly disclose the requesting section transmits
the link establishment request by full duplex communication which simultaneously
performs transmission and reception.

Application/Control Number: 1 0/51 1 ,091 Page 1 0

Art Unit: 2474

Melick discloses the requesting section transmits the link establishment request
by full duplex communication which simultaneously performs transmission and
reception (see column 9, lines 37-38, full-duplex signaling).

Blakeney, Bruhn and Melick are analogous art since they are from the same field
of endeavor of client server communications.

At the time of the invention, it would have been obvious to one of ordinary skill in
the art to use the technique of Melick's the requesting section transmits the link
establishment request by full duplex communication which simultaneously performs
transmission and reception (see column 9, lines 37-38, full-duplex signaling) as a
modification in Bruhn's teaching of using a requesting section that establishes a link
each time information data is transmitted by transmitting a link establishment request to
the one receiving side communication apparatus every time information data is
transmitted (see figure 5, mux 136, payload, MR, Ml, and demux 120, Ml, MR, payload,
see figure 6, frames, see column 3, lines 60-67, mode indicators and requests
transmitted with payload data, see column 4, lines 10-16, mode request which informs
transmitter of a particular codec mode desired by the receiver for subsequently
transmitted information blocks or frames, see column 6, lines 55-57, receiver
transmitting request, see column 8, lines 1-37, mode request and mode indication and
payload with multiplexor and demultiplexer, see column 9, lines 1-20, transmission of
mode request and indications with payloads) as a modification in Blakeney transmitting
request section (see paragraph 63, lines 1-10 mobile station provides an origination
message indicative of a service configuration requested).

Application/Control Number: 1 0/51 1 ,091 Page 1 1

Art Unit: 2474

The motivation to combine would have been to have a method of multiplexing
additional requests for two or more customers to reduce latencies (see column 22, lines
5-15, Melick).

As per claim 13, Blakeney discloses a communication method for transmitting
requests (see paragraph 63, lines 1-10 mobile station provides an origination message
indicative of a service configuration requested). Bruhn disclose a requesting section that
establishes a link each time information data is transmitted by transmitting a link
establishment request to the one receiving side communication apparatus every time
information data is transmitted (see figure 5, mux 136, payload, MR, Ml, and demux
120, Ml, MR, payload, see figure 6, frames, see column 3, lines 60-67, mode indicators
and requests transmitted with payload data),

Blakeney and Bruhn do not expressly disclose the requesting section transmits
the link establishment request by bi-directional simultaneously transmission using
divisional multiple access.

Melick discloses the requesting section transmits the link establishment request
by bi-directional simultaneously transmission using divisional multiple access (see
column 9, lines 37-38, full-duplex signaling).

Blakeney, Bruhn and Melick are analogous art since they are from the same field
of endeavor of client server communications.

At the time of the invention, it would have been obvious to one of ordinary skill in
the art to use the technique of Melick's the requesting section transmits the link
establishment request by bi-directional simultaneously transmission using divisional

Application/Control Number: 1 0/51 1 ,091 Page 1 2

Art Unit: 2474

multiple access (see column 9, lines 37-38, full-duplex signaling) as a modification in
Bruhn's teaching of using a requesting section that establishes a link each time
information data is transmitted by transmitting a link establishment request to the one
receiving side communication apparatus every time information data is transmitted (see
figure 5, mux 136, payload, MR, Ml, and demux 120, Ml, MR, payload, see figure 6,
frames, see column 3, lines 60-67, mode indicators and requests transmitted with
payload data, see column 4, lines 10-16, mode request which informs transmitter of a
particular codec mode desired by the receiver for subsequently transmitted information
blocks or frames, see column 6, lines 55-57, receiver transmitting request, see column

8, lines 1-37, mode request and mode indication and payload with multiplexor and
demultiplexer, see column 9, lines 1-20, transmission of mode request and indications
with payloads) as a modification in Blakeney transmitting request section (see
paragraph 63, lines 1-10 mobile station provides an origination message indicative of a
service configuration requested).

The motivation to combine would have been to have a method of multiplexing
additional requests for two or more customers to reduce latencies (see column 22, lines
5-15, Melick).

Claim Rejections - 35 USC § 102

9. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 1 02 that
form the basis for the rejections under this section made in this Office action:

A person shall be entitled to a patent unless -

Application/Control Number: 1 0/51 1 ,091 Page 1 3

Art Unit: 2474

(e) the invention was described in (1) an application for patent, published under section 122(b), by
another filed in the United States before the invention by the applicant for patent or (2) a patent
granted on an application for patent by another filed in the United States before the invention by the
applicant for patent, except that an international application filed under the treaty defined in section
351(a) shall have the effects for purposes of this subsection of an application filed in the United States
only if the international application designated the United States and was published under Article 21(2)
of such treaty in the English language.

10. Claim 14 is rejected under 35 U.S.C. 102(e) as being anticipated by Blakeney et
al. (US 2006/0239363 A1).

As per claim 14, Blakeney discloses communication method for transmitting a
plurality of items of information data each containing a predetermined amount of
information from a transmitting side communication apparatus to one receiving side
communication apparatus (see figure 2, base station 10 and mobile station 30), the
communication method comprising the steps of:

in the transmitting side communication apparatus (see figure 2, mobile station
30), transmitting a first link establishment request for transmission of current information
data to the one receiving side communication apparatus (see paragraph 63, lines 1-10
mobile station provides an origination message indicative of a service configuration
requested);

in the transmitting side communication apparatus (see figure 2, mobile station
30), after having received a response to the first link establishment request from the one
receiving side communication apparatus (see paragraph 63, lines 1-10 mobile station
provides an origination message indicative of a service configuration requested, see
paragraph 64, lines 1-10, base station receives and determines whether to accept, see
paragraph 66, lines 1-20, mobile station determines whether the request was accepted),
transmitting the current information data to the one receiving side communication

Application/Control Number: 1 0/51 1 ,091 Page 1 4

Art Unit: 2474

apparatus using a link established by the first link establishment request (see paragraph
63, lines 1-10 mobile station provides an origination message indicative of a service
configuration requested, see paragraph 64, lines 1-10, base station receives and
determines whether to accept, see paragraph 66, lines 1-20, mobile station determines
whether the request was accepted);

and transmitting a second link establishment request for transmission of next
information data before termination of a link for transmitting the current information data
(see paragraph 16, lines 1-15, first communication device requests a change of service
configuration without terminating the current traffic channel connection), the current
information data and the next information data having been originally continuous (see
paragraph 13, lines 7-1 1 , changing of service configuration without dropping the traffic
channel connection such as providing additional service or completion of a service in a
multiple service traffic channel connection and a change in rate compatibility or due to
change in communication environment or logistics (i.e. change in rate of existing
connection), see paragraph 72, lines 1-10, user enabled to change data rate due to
logistics or other factors).

Conclusion

1 1 . The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure. See form 892.

Application/Control Number: 1 0/51 1 ,091 Page 1 5

Art Unit: 2474

Any inquiry concerning this communication or earlier communications from the
examiner should be directed to ABDULLAH RIYAMI whose telephone number is
(571)270-31 19. The examiner can normally be reached on Monday through Thursday
8am-5pm EST.

If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Aung Moe can be reached on (571 ) 272-7314. The fax phone number for
the organization where this application or proceeding is assigned is 571-273-8300.

Information regarding the status of an application may be obtained from the
Patent Application Information Retrieval (PAIR) system. Status information for
published applications may be obtained from either Private PAIR or Public PAIR.
Status information for unpublished applications is available through Private PAIR only.
For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
you have questions on access to the Private PAIR system, contact the Electronic
Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
USPTO Customer Service Representative or access to the automated information
system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.

/Aung S. Moe/ /Abdullah Riyami/

Supervisory Patent Examiner, Art Unit 2474 Examiner, Art Unit 2474